scholarly journals Kebijakan Hukum Pidana bagi Tindak Pidana Cyber Terrorism dalam Rangka Pembentukan Hukum Positif di Indonesia

2020 ◽  
Vol 1 (2) ◽  
pp. 21-27
Author(s):  
Zephirinus Jondong
Keyword(s):  
Research Methods ◽  
Criminal Law ◽  
Computer Technology ◽  
Negative Impact ◽  
Positive Impact ◽  
Criminal Code ◽  
Legal Research ◽  
Cyber Terrorism ◽  
Positive Law ◽  
The Future

The advancement of internet-based computer technology has not only a positive impact on its users but also a negative impact, one of which is the creation of new forms of crime such as terrorism. Based on this background, this research was conducted with the aim of revealing how the regulation of criminal acts of terrorism committed through cyberspace (cyber terrorism) in positive law in Indonesia and how criminal law policies in Indonesia in the future in regulating criminal acts of terrorism committed through cyberspace (cyber terrorism). This research was designed using normative legal research methods. The results of this study reveal that in Indonesia, the criminal act of cyber terrorism is not regulated in the Criminal Code (KUHP) or the Laws and Regulations that regulate the field of terrorism. In a situation like this, the perpetrator of the crime of cyber terrorism can be declared free from punishment because there is no element against the law regulated in the Act attached to the act. Therefore, in order to be convicted of a crime, the crime of cyber terrorism must be formulated clearly. In addition, in establishing a criminal law policy regarding cyber terrorism, cyber terrorism must be considered so that it can be made a criminal act and sanctions can be imposed on the perpetrator

scholarly journals Studi Komparatif Tindak Pidana Aborsi dalam Perspektif Hukum Article Positif dan Hukum Pidana Islam (Imam Madzhab)

2021 ◽  
Vol 1 (2) ◽  
pp. 204-213
Author(s):  
Moh. Faqih
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Secondary Data ◽  
Criminal Code ◽  
Research Approach ◽  
Legal Research ◽  
Medical Reason ◽  
Positive Law ◽  
Approach Method

The rise of promiscuity and free sex is the reason for a large number of abortion perpetrators in Indonesia. In the enactment of the law stipulated in the Criminal Code (KUHP) regarding abortion, it is very clear that abortion is prohibited as well as from the perspective of Islamic law it is forbidden to abort the fetus unless there is a medical reason that an abortion must be performed. However, in the opinion of Madzhab, there is still a classification of permissibility before the blowing of the spirit and the scholars agree that it is haram to abort the fetus after blowing the spirit. The research approach used in this study is the Normative Juridical Research Method, namely the approach method used in this study is the normative juridical approach or doctrinal legal research, which is legal research that uses secondary data sources. The results of the research conducted by the author are to provide insight to readers so that they better understand the meaning of abortion and also the punishment of the perpetrators of the crime of abortion both in terms of positive law and Islamic criminal law. In finding the comparison of the punishment between positive law and Islamic criminal law lies in the age limit of the fetus that is in the content of the sanction based on Islamic criminal law, the punishment is to pay ghurrah or diyat Kamilah Dari before the blowing of the spirit or after the blowing of the spirit.

scholarly journals Penyelesaian Perkara Pencurian sebagai Tindak Pidana Ringan Pasca Peraturan Mahkamah Agung Nomor 2 Tahun 2012

2021 ◽  
Vol 2 (1) ◽  
pp. 19-24
Author(s):  
Gede Mahadi Waisnawa Hanata Putra ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Supreme Court ◽  
Research Methods ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Legal Research ◽  
East Indies ◽  
Procedure Code ◽  
The Supreme Court ◽  
A Minor

Indonesian Criminal Law is currently a legacy from the Dutch East Indies Government which has been adapted and passed by Law No. 16 of 1946 to be implemented nationally. The purpose of this research is to describe the regulation of theft of minor crimes in the Criminal Code before the Supreme Court Regulation Number 2 of 2012 and to describe the juridical consequences of Supreme Court Regulation No.2 of 2012 on theft as a minor criminal act in the Criminal Code. This research uses normative legal research methods. The results show that according to Article 206 of the Criminal Procedure Code, procedures for granting authority to investigate and review cases are carried out by the investigator himself and should not be disturbed by the prosecutor. This Perpres adjusts articles 364, 373, 379, 384, 407 and article 482 of the Criminal Code to Rp. 2,500,000.00. Therefore, fulfill this element of the requirement and enter a case where the value of the commodity does not exceed Rp. 2,500,000.00. Therefore, the case is examined by expedited procedure, which is tried by a judge, and the assignment and review of the case is carried out by the investigator himself without the interference of the prosecutor.

Reforms of the German Criminal Code -Stock-taking and Perspectives - also from a Constitutional Point of View

2003 ◽  
Vol 4 (5) ◽  
pp. 421-431 ◽  
Author(s):  
Christoph Krehl
Keyword(s):  
Criminal Law ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Point Of View ◽  
Present Contribution ◽  
Positive Law ◽  
The Future ◽  
Major Reform ◽  
History Of ◽  
New Challenges

Once a major reform has been concluded, one might easily be tempted to be just glad about what has been achieved and to think that nothing more needs to be done. However, experience in Germany as regards the amendment of criminal law and law of criminal procedure has shown that “after the reform” has, at the same time, always meant “before the reform.” The history of German criminal law is the history of a never-ending reform. The reform has not only consisted in making individual corrections to the existing positive law; time and again, developments in society have posed new challenges to criminal law, which, in the course of time, have resulted in profound changes in its structure. This means that even after a reform has been concluded, there must be willingness to further shape criminal law or, as the case may be, to protect it from changes that might be brought about by new influences. German criminal law, with its more than 130 years of history, and with its almost 180 more or less profound amendments of the law, bears eloquent witness to the profound changes that criminal law can experience, in spite of individual extensive reforms, admittedly in a time of historical upheavals. The present contribution provides an outline of the history of German criminal law through the present time and tries, on the basis of this outline, to develop a forecast of the influence to which criminal law will be exposed in the future.

scholarly journals Kriminalisasi Terhadap Pekerja Seks Komersial Melalui Online dalam Pembaharuan Hukum Pidana

2021 ◽  
Vol 2 (3) ◽  
pp. 594-598
Author(s):  
I Gede Yoga Pratama ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Human Trafficking ◽  
Sex Workers ◽  
Criminal Code ◽  
Legal Research ◽  
Criminal Sanctions ◽  
Positive Law ◽  
Electronic Transactions ◽  
The Future ◽  
Materials Used ◽  
Study Techniques

Prostitution is behavior that is openly subject to adultery without any marriage bond. Nowadays prostitution is easy to find on various social media. Commercial-related regulations have been regulated in the Criminal Code, Law no. 19 of 2016 concerning Information and Electronic Transactions, Law no. 44 of 2008 concerning Pornography, Law no. 21 of 2007 concerning the Crime of Human Trafficking. This study aimed to examine the criminal law regulation of online sex workers according to positive law and uncover criminal sanctions against online sex workers in the future. This study was designed using normative legal research, with a Legislative approach. The legal materials used were primary legal materials and secondary legal materials. Data were collected using documentation study techniques and literature studies, then analyzed using systematic interpretation techniques. The results of the study indicated that sanctions for pimps are regulated in the Criminal Code, Law no. 21/2007, Law no. 44/2008, and Law no. 19/2016, and only article 284 of the Criminal Code concerning adultery that can ensnare prostitutes and customers if they have a family, and criminal sanctions for commercial sex workers in the future are contained in articles 425 to 428 of the Draft Criminal Code.

scholarly journals COURT VERDICT ANOMALY THAT DROPPED PUNISHMENT AGAINST CHILDREN UNDER 12 (TWELVE) YEARS OLD

2015 ◽  
Vol 15 (3) ◽  
Author(s):  
Sabungan Sibarani
Keyword(s):  
Research Methods ◽  
Child Protection ◽  
Criminal Code ◽  
Research Data ◽  
Court Decision ◽  
District Court ◽  
Constitutional Court ◽  
Legal Research ◽  
Legal Effect ◽  
The Future

The protection of children is a very serious problem and need to be considered better. That is because the child has a very important role in life of the nation in the future. Author emphasizes research how the legal effect of a District Court decision which is contrary to the Constitutional Court No. 1/PUU-VIII/2010. The author examines the problem with normative legal research methods. The research data shows that the victims are Doni Yoga (DY) who was aged 11 years old. Doni Yoga charged with the crime of theft under Article 363 paragraph (1) of the Criminal Code of the theft. The author concluded that the decisions of the cases by Pematangsiantar District Court  has been at odds with the law and the Constitutional Court Decision No. 1 / PUU / 8/2010. However, the decision is still to be considered true and valid throughout not be appealed or an appeal that was canceled by court decision on a higher level.Keywords: Child Protection, Punishment.

scholarly journals Tindak Pidana Perjudian Dalam Tinjauan Hukum Pidana (Studi Kasus Putusan Nomor 491/Pid.B/PN Mdn Tahun 2017)

2020 ◽  
Vol 2 (2) ◽  
pp. 110-118
Author(s):  
Rio Pambudi ◽  
Aulia Rosa Nasution ◽  
Muazzul Muazzul
Keyword(s):  
Research Methods ◽  
Secondary Data ◽  
Criminal Code ◽  
Court Decisions ◽  
Religious Leaders ◽  
Legal Research ◽  
Is Research ◽  
Positive Law

Gambling is basically a game where there are parties who bet each other to choose one choice among several choices where only one choice is correct and being a winner means that the player who loses the bet will give the bet to the winner. Gambling rules and bets are determined and agreed before the match starts. Talking about "Gambling" which is forbidden by religion, is also expressly prohibited by positive law. This can be seen from the provisions of article 303 of the Criminal Code, Jo. Law No.7 of 1974 concerning Control of Gambling Jo. PP.No. 1981 Jo. Presidential Instruction and Minister of Home Affairs Instruction No.5, April 1, 1981. The type of research used in writing this thesis is to use normative legal research methods. Normative legal research is research that studies the study of documents, namely using various secondary data such as statutory regulations laws, court decisions, legal theories, and can be in the form of opinions of scholars. As for efforts to prevent gambling so that it can be overcome, it is desirable for religious leaders and law enforcers to often conduct socialization such as lectures at places of worship so that they are aware that gambling is prohibited in any form.

scholarly journals Sanksi Pidana bagi Pelaku Penyebaran Berita Hoaks serta Ujaran Kebencian dengan Memakai Akun Anonym

2020 ◽  
Vol 1 (1) ◽  
pp. 178-183
Author(s):  
I wayan Denny Syaputra ◽  
I Made Arjaya ◽  
Diah Gayatri Sudibya
Keyword(s):  
Computer Technology ◽  
Hate Speech ◽  
Criminal Code ◽  
Ethnic Discrimination ◽  
The Internet ◽  
Legal Research ◽  
Conceptual Approach ◽  
Positive Law ◽  
Racial And Ethnic Discrimination ◽  
Legal Consequences

Crime in cyberspace is a crime with computer technology, especially the internet. One example is the spread of hoaxes and expressions of hatred. This research was conducted to determine the arrangements for spreading hate speech based on positive law, the legal consequences arising when someone is proven to spread hate speech and spread hoaxes, and efforts and steps taken to prevent the spread of hoax news and hate speech so as not to spread in the community. This research is a type of normative legal research with a statutory approach and conceptual approach. Arrangements for the dissemination of hoax news and expressions of hatred based on positive law have been explicitly regulated in the Criminal Code, which is found in Article 154 of the Criminal Code, Article 154a, Article 156, Article 156a, and Article 157 paragraph (1) and paragraph (2). Besides being regulated in the Criminal Code utterances of hate are regulated outside of the Criminal Code, including in Law No.40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination, which is contained in Article 16, and is also regulated in Law No. 19 of 2016 concerning Renewal of Law No. 11 of 2008 concerning ITE has also regulated the distribution of hate speech through cyberspace, which is contained in article 27, article 28 paragraph (1) and paragraph (2), article 40 paragraph (2) and article 45 paragraph (2) due to the law incurred if someone is proven to have committed a crime of spreading hoax hoaxes and expressions of hatred can be jailed for 2 years, 3 years and even up to 10 years

scholarly journals The Implication of Pancasila Values on The Renewal of Criminal Law in Indonesia

2018 ◽  
Vol 5 (2) ◽  
pp. 58
Author(s):  
Dian Alan Setiawan
Keyword(s):  
Law Enforcement ◽  
Cultural Values ◽  
Criminal Law ◽  
Social Order ◽  
Social Life ◽  
Criminal Code ◽  
Legal Research ◽  
Reform Era ◽  
The Future

The current draft of the Criminal Code is inseparable from the idea that the legal characteristics in Indonesia are the adoption of the societys social order which is reflected in the living code of cultural values and social life in Indonesian society which is heterogeneous and plural. The existence of cultural values as a developing law in the society cannot be denied its role in a basic framework for the arrangement of national criminal law in the future. The problem examined in this research is formulated into the following questions: What are the influences of cultural values on the renewal of criminal law? What are the implications of Pancasila values on the development of the current criminal law? The method used in this research was normative legal research method where the law is conceptualized as a method. This research is a legal research using a conceptual and legislation approach that will review the related law. The results of this research provide an understanding to pay attention to the characteristics of criminal law in Indonesia in accordance with the characteristics of Indonesian citizen which is based on the philosophy of Pancasila. It needs to be emphasized since the future renewal of the Criminal Code is expected to be valid in a long term period so that the renewal needs to be done carefully and thoroughly, starting from its substance and structure, legal cultural values, to legal validity. Those aspects should be carefully considered so that the renewal of the Criminal Code is in line with law enforcement efforts which correspond to the societys demands in the reform era. Lastly, this research is expected to provide input to governments, especially to the related lawmakers and law enforcement officers, to make improvements and enhancements in the provisions concerning the influence of Pancasila values on the renewal of criminal law.Konsep Rancangan KUH Pidana yang ada sekarang ini tidak terlepas dari pemikiran bahwa karakteristik hukum di Indonesia merupakan adopsi dari tatanan sosial masyarakat yang tercermin dalam tata laku hidup nilai nilai budaya dan kehidupan sosial dalam keragaman masyarakat Indonesia yang heterogen dan plural. Keberadaan nilai nilai budaya sebagai hukum yang berkembang di masyarakat tidak dapat dipungkiri peranannya dalam suatu kerangka dasar penyusunan hukum pidana nasional di masa yang akan datang. Rumusan masalah yang ditelaah dalam penelitian ini apakah pengaruh nilai nilai budaya terhadap pembaharuan Hukum Pidana ? Apakah implikasi nilai pancasila terhadap perkembangan hukum pidana saat ini ? Metode yang digunakan dalam penelitian ini menggunakan metode penelitian hukum normatif, dimana hukum dikonsepkan sebagai kaedah. Penelitian ini merupakan penelitian hukum dengan menggunakan pendekatan konseptual dan pendekatan perundang-undangan yang akan meninjau kembali Undang-Undang terkait. Hasil penelitian ini memberikan pemahaman agar memperhatikan karakteristik hukum pidana sesuai dengan ciri khas kehidupan masyarakat Indonesia yang hidup berdasarkan falsafah Pancasila. Hal ini perlu ditekankan karena pembaharuan KUH Pidana ke depan diharapkan dapat diperlakukan dalam jangka panjang sehinga perlu digarap dengan cermat dan teliti substansi maupun struktural, nilai budaya hukum, sampai validitas hukum (daya berlaku). semua itu dimaksudkan agar pembentukan KUH Pidana yang baru tersebut tidak menjadi sia-sia dengan upaya penegakan hukum yang sesuai dengan tuntutan masyarakat dalam era reformasi. Simpulan dan saran dalam penelitian ini diharapkan memberi masukkan kepada pemerintah terutama kepada para pembuat undang-undang dan para penegak hukum terkait untuk melakukan penyempurnaan dan perbaikan dalam ketentuan mengenai nilai-nilai pancasila yang memberikan pengaruh terhadap pembaharuan hukum pidana

Reconstruction of Life Imprisonment in Prison System in Indonesia

2020 ◽  
Vol 2 (4) ◽  
pp. 499
Author(s):  
Boma Wira Gumilar ◽  
Gunarto Gunarto ◽  
Akhmad Khisni
Keyword(s):  
Justice System ◽  
Criminal Code ◽  
Prison System ◽  
Penal System ◽  
Legal Research ◽  
Life Imprisonment ◽  
The Public ◽  
Prison Life ◽  
The Future ◽  
Research Types

The most important part in a Book of Criminal Law (Penal Code) is a prison, because the prison contains rules about the size and implementation of the criminal. The position of life imprisonment in the national criminal justice system is still considered relevant as a means of crime prevention, it can be seen from the number of offenses punishable with life imprisonment. However, life imprisonment is considered contrary to the penal system. This study aims to investigate the implementation of life imprisonment, weaknesses, and the solution in the future. The approach used in the study is a non-doctrinal legal research with socio-legal research types (Juridical Sociological).The results of research studies show that life imprisonment is contrary to prison system, and life imprisonment become an obstacle to fostering convicts back into society. Bill Criminal Code of September 2019 can be used as a solution to life imprisonment change in the future. Presented advice, in order to be disseminated to the application of the criminal purpose of the Criminal Code of Prison adopted in the future, so that the public and experts no longer make the criminal as a form of retaliation.Keywords: Reconstruction; Crime; Prison; Life Imprisonment; System; Corrections.

scholarly journals Konsepsi Hukum Progresif dalam Pengaturan Tindak Pidana Korupsi di Indonesia

2020 ◽  
Vol 1 (2) ◽  
pp. 35-39
Author(s):  
Efraim Mbomba Reda ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Role Models ◽  
Research Method ◽  
Criminal Code ◽  
Legal Positivism ◽  
Sociology Of Law ◽  
Legal Certainty ◽  
Legal Research ◽  
Descriptive Method

Progressive law puts forward the sociology of law rather than legal certainty which is the focus of legal positivism. In Indonesia, this law was coined by Satjipto Rahardjo. This study aims to determine the formulation of progressive law in future criminal law, and to determine the actualization of the concept of progressive law in regulating corruption in Indonesia. The research method used is a normative legal research method with statute and conceptual approaches. The technique of collecting legal materials in this study is a descriptive method that aims to obtain the meaning of reality related to the problems to be discussed and solved in this study. The results show that in the current Criminal Code Bill, progressive law has been regulated, to be precise in Article 2 paragraph (1) and (2). Progressive law is also regulated in Law no. 48 of 2009 concerning Judicial Power. Then, the actualization of progressive law in regulating corruption in Indonesia is a judge with the powers that take into account the sociological context of society in making decisions. Judges, prosecutors and lawyers can certainly discuss together in eradicating corruption. Efforts are also being made to reconstruct and redefine the power of law enforcement. This arrangement can also encourage the KPK to be more progressive in eradicating corruption, as well as building law enforcers who have morality so that they can become role models and increase public participation, for example by forming NGOs in preventing or fighting corruption in various agencies.

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